Ronald Hernandez v. Eric H. Holder, Jr.
760 F.3d 855
8th Cir.2014Background
- Hernandez illegally entered the U.S. in 1989 and pled guilty to grand theft auto in California, receiving a 365-day jail term suspended with three years of probation.
- He was deported after sentencing, reentered later that year under his birth name, and subsequently accumulated additional prior offenses and a probation violation that extended his record.
- Hernandez challenged removal in 2003–2009 proceedings, seeking asylum, cancellation of removal, NACARA relief, withholding, and CAT protection, which the IJ denied in 2009 and the BIA affirmed.
- The IJ held Hernandez ineligible for relief because his 1989 conviction was an aggravated felony under 8 U.S.C. § 1101(a)(43)(G).
- Central issues in the appeal include whether a probation jail sentence counts as a term of imprisonment, whether the MTINA aggravated felony bar retroactively applies to pre-1991 convictions, and whether credibility findings affect relief.
- The court ultimately denies the petition for review, upholding the aggravated felony finding and the denial of asylum, cancellation, NACARA, withholding, and CAT relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Hernandez's 1989 conviction an aggravated felony? | Hernandez contends not; argues no year-long imprisonment. | Board held probation jail time counts as a term of imprisonment under 1101(a)(48)(B). | Yes; the conviction is an aggravated felony. |
| Does probationary jail time count as a term of imprisonment under 1101(a)(43)(G)? | Probationary confinement is not imprisonment. | Probation jail time falls within 1101(a)(48)(B) definition of term of imprisonment. | Probationary jail time counts as a term of imprisonment. |
| Does MTINA retroactively apply the aggravated felony bar to Hernandez's pre-1991 conviction? | Bar should not apply retroactively to pre-1991 convictions. | MTINA makes the aggravated felony bar retroactive to convictions before/after enactment. | Yes; MTINA applies retroactively. |
| Does the aggravated felony bar extend to Hernandez's asylum claim? | If the bar did not apply, asylum could be available. | Aggravated felony bar applies to asylum as well. | The aggravated felony bar applies to asylum. |
| Are the IJ's adverse credibility determinations reviewable, or moot? | Credibility errors could alter relief outcomes. | Even if credible, relief would be denied; mootness applies. | Moot; no reversal of credibility determinations because relief would still be denied. |
Key Cases Cited
- United States v. Demirbas, 331 F.3d 582 (8th Cir. 2003) (defines term of imprisonment under 1101(a)(48)(B))
- United States v. Tejeda-Perez, 199 F.3d 981 (8th Cir. 1999) (statutory interpretation of term of imprisonment)
- United States v. Lehmann, 513 F.3d 805 (8th Cir. 2008) (probation as distinct from imprisonment in sentencing context)
- Guzman-Bera, 216 F.3d 1019 (11th Cir. 2000) (cases divorcing probation-only sentencing from aggravated felony treatment)
- Mondragon-Santiago, 564 F.3d 357 (5th Cir. 2009) (alternative circuit views on probationary sentencing)
- Feroz v. INS, 22 F.3d 225 (9th Cir. 1994) (retrospective application of aggravated felony bar considerations)
- Lybesha v. Holder, 569 F.3d 877 (8th Cir. 2009) (review standards for credibility findings in immigration cases)
- Chafin v. Chafin, 133 S. Ct. 1017 (2013) (mootness doctrine; potential relief considerations)